~~Last Updated: June 10, 2016
 
Table Of Contents
 
1. Terms Of Use Agreement for All Services and Uses Of The Websites
2. Consumer Information Security Policy
3. Mortgage Loan Referral Services
      A. Terms Applicable to All Mortgage Loan Refferal Services
      B. Traditional (Long-Form) J.Moneta Loan Request Service
      C. Mobile Application Loan refferal Service
4. Non-Mortgage Loan Request Services
      A. Terms Applicable to All Non-Mortgage Loan Request Services
      B. J.Moneta and Non- Mortgage Loan Request Services
      C. Additional Terms Applicable to Auto Loan Request Services
      D. Additional Terms Applicable to Credit Card, Personal Loan and Commercial Loan     Request Services
5. Request for other Products and Services
      A. Terms Applicable to All Requests for other Products and Services
6. Copyright, Trademark and Service Mark Notices
7. Disclaimers And Liability
8. Electronic Communications/Notices and Information Delivered Electronically
9. Privacy Policy
10. Indemnity
11. Limitation on Damages
12. Links To Third Party Websites
13. Errors And Delays
14. Dispute Resolution
15. Other Terms

1. TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITES

J.Moneta, requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement”). By accessing, browsing or using this website, and the websites of the below listed companies, divisions or service groups, or any page thereof, through any direct or indirect means (individually or collectively, “Websites” or “Website”), or by using the goods, facilities or services offered in or through the Websites through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms “Website” and “Websites” include use through these alternative methods).

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see sections 8 and 15). These provisions form an essential basis of our bargain.

If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Websites.
For purposes of this Agreement, “You” or “Your” means the person(s) using the Websites, and/or the goods, facilities or services of J.Moneta, (“Site” and/or “Services”) and its companies offered through alternative methods, including persons that allow others to provide information about themselves to J.Moneta, (as defined below), the banks, lenders, financial institutions, providers, companies, and brokers on J.Moneta ‘s network (“Lenders”), Providers (as defined in sections 4 and 5), 4(d)), partners (as defined in sections 4 and 5), “J.Moneta “, “us” or “we” means, but is not limited to the following entities:
· Mortgage Alliance Company of Canada Inc.

THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.

J.Moneta, (hereinafter “J.Moneta ”) operates the Websites and shall have the right at any time to change or discontinue any aspect or feature of the Websites and the right to modify the terms and conditions applicable to users of the Websites, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Websites. Any use by you of the Websites or the good, facilities or services offered in or through the Websites shall be deemed to constitute acceptance of such changes. By accessing this Site you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 18 years of age and reside in Canada. If you are under 18 years of age or reside outside of Canada, you should not be visiting this Site or utilizing J.Moneta’s Services.

2. CONSUMER INFORMATION SECURITY POLICY

The J.Moneta Consumer Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites, received directly from you or transmitted to or from third parties.

3. MORTGAGE LOAN REQUEST SERVICES

J.Moneta offers two mortgage loan request services via one hybrid form, each of which is explained in more detail below.

The first service option is the J.Moneta process that occurs when you complete a traditional (long-form which means you provide your Social Insurance Number (SIN) after agreeing to the full Electronic Consent and these Terms of Use and the above Privacy Policy) request and get matched with Lenders, Brokers, or Partners who may respond with conditional loan offers posted back to your My J.Moneta Account.

The second service option is J.Moneta ’s or service (commonly referred to as “short form” wherein you do not provide your Social Insurance Number after agreeing to the full Electronic Consent and these Terms of Use and the above Privacy Policy), which you may either (i) select prior to completing the long-form loan request or (ii) directly select. If you select the or service, we will match you with Lenders, Brokers or Partners (hereinafter collectively Lenders) on J.Moneta ’s network using a subset of the information contained on the J.Moneta form request. Because these matches are generated from a subset of information from the form request, the Lenders on the network will not be able to respond with customized conditional offers until they speak with you to get additional information. short form matches are not available for all loan programs.

        A. Terms Applicable to All Mortgage Loan Inquiry Services

J.Moneta is an Online Loan Marketplace that enables consumers to comparison shop for mortgage loan products.  J.Moneta DOES NOT make loans or credit decisions in connection with loans, nor does J.Moneta issue commitments or lock-in agreements. J.Moneta ’s services are only administrative as a third party referral. Any loan inquiry you submit is NOT an application for credit. Rather, it is an inquiry to be matched with Lenders to receive condition loan offers from Lenders. You will have to complete a formal application with the Lender you choose before they will extend an unconditional offer. A Lender you select may require you to pay an application or other fee to cover the costs of an appraisal, credit report or other items. The Lender, not J.Moneta, will determine the amount of any such fee and should provide information to you regarding the refundability of any such fee. J.Moneta does not endorse or recommend the products of any particular Lender. Except as otherwise provided for your Provincial (please see the Licenses section of the Websites), J.Moneta is not an acting as your agent or as the agent of any Lender. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial situation. The Lender is solely responsible for its services to you, and you agree that J.Moneta shall not be liable for any damages or costs arising out of or in any way connected with your use of its Services. You understand that Lenders may keep your loan request information and any other information provided by J.Moneta, or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them. In addition, the information you provide J.Moneta is required to be housed and securely maintained for Provincial Licensing Record Retention requirements and cannot be removed, purged, or destroyed until the expiration of the individual Provincial prescribed period. Lenders may also from time-to-time be required to share your completed Loan information with J.Moneta in order to adhere to Provincial Licensing Record Retention requirement, and for internal marketing and analytics, you are providing express written consent for the retention of the same upon completion of an inquiry form for J.Moneta and the selected Lender to share this information for this purpose.

The Websites and the Services provided by J.Moneta are available in connection with mortgage loans made on real property located in all Canadian Provinces unless otherwise specified. Loans may only be made to residents of, or secured by real property located in, Provincials where Lenders are licensed or authorized to make such loans. Lenders are not attempting to make loans outside of their authorized Provincials or country by participating in and offering their products on the Websites. J.Moneta Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific Provincial through the Websites at any time, without prior notice.

The data and other information you may provide J.Moneta is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. J.Moneta does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, J.Moneta does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. J.Moneta ’s Network of Lenders is vast, but does not represent all potential Lenders in your area. You are free to select one or up to six (6) Lenders to speak with to shop and compare your mortgage product, but you may also choose none and compare additional local Lenders who may in fact have better and/or lower products, rates, and terms. A Lender’s offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations including but not limited to location, equity and value and income/asset consideration including, but not limited to loan to value and debt to income ratios. Unless expressly Provinciald in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all Provincials.

You might not be matched with the Lender making any specific offer. J.Moneta will continue to attempt to match you for up to twenty-four hours for online matches, and may contact you via telephone at the number you provided to attempt to help you obtain a match. If you are called, you will be given a choice of up to three (3) Lenders from which you will have to select on your own. The Call Center Representative cannot and will not select a Lender for you and all Lenders listed will be continually shuffled (round-robin) based on Provincial, time of day, caps, volume requested etc. in order to attempt to provide you with the most opportunities to obtain a match and shop and compare your loan product via multiple Lenders.

In order to help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, J.Moneta and its Lenders may obtain, verify and record information that identifies each person who opens an account with us and them. J.Moneta and its Lenders may ask for your name, Social Insurance Number, address, telephone number, date of birth and other important information including, but not limited to information received from your credit file, that will allow us and them to properly identify you. It is possible that a Lender may perform a soft inquiry on your credit at the same time for the same or similar purposes, but the soft inquiry into your credit does not impact your credit score. Not all lenders will receive your Social Insurance Number and, for those that do, not all will perform the soft inquiry of credit. During the Lender application process, they may also ask to see your driver’s license or other identifying documentation to further properly identify you; in addition the Lender will be required to do a hard inquiry of your credit that will impact your credit score.

J.Moneta is paid a marketing match fee by Lenders for the goods, facilities and services provided. Lenders are not to directly charge you for any such marketing match generation fee. Depending on the Lender, the marketing match fee is paid by the Lender and may be included in your rate, points or loan terms. J.Moneta strongly encourages and requests such fees not be passed onto you; however, it is without the authority to enforce the same. If you do in fact close a loan with a J.Moneta network Lender, or any other Lender you choose, at closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.).
 
J.Moneta does not charge you a fee for its service in matching you with Lenders, as such no such fee will be reported on your final Loan Estimate (formerly GFE) or your Loan Closing Provincialment.

When you complete an inquiry form online, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging and agreeing to the Provinciald terms and conditions of that submission and that you are submitting an inquiry as to a lending product through J.Moneta which will match you to up to six (6) Lenders to whom your loan request and personal information is transmitted. If you do not receive any matches, J.Moneta will continue to try to find you matches for similar mortgage products for which you sought as well as alternative products, for example if you sought a home equity loan or home equity line of credit, but are also over the age of 65 then J.Moneta may match you for a reverse mortgage lender for a Home Equity Conversion Mortgage. Similarly, if you indicated that you are looking to remodel a home you are purchasing, J.Moneta will continue to try to assist you in finding a lender that is seeking consumers like you and offers multiple products. While J.Moneta is not making a credit decision or determining products for you, rather lenders select filters from the questions you answer and believe that they may be able to assist you with your mortgage needs.

You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications From J.Moneta, and its Network Lenders. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that J.Moneta, and one or more of its Lenders with whom you are matched, may access your credit file even if your Social Insurance Number is not provided (via a soft inquiry of credit) to perform its anti-money laundering due diligence and/or for other reasons in compliance with other federal regulations. In addition, upon clicking any button indicating acceptance, acknowledgment or agreement to these and other terms, you have received and reviewed and, where applicable, signed the necessary required J.Moneta Provincial Specific Broker Agreement. By submitting the loan inquiry online you are in effect providing your electronic signature, you are extending an express invitation for up to six (6) Lenders you may be matched with to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, Provincial or federal law or regulation. In addition, you are providing express written consent that J.Moneta, a Lender with whom you have been matched or an associated third party (Partner) may use an automatic dialing system or by pre-recorded message in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By submitting your inquiry for a loan product, you are consenting to be contacted by one or more Lenders which may include any one of our Network Lenders, who may either by telephone (on a recorded line), email or mail based on the information you have provided to us, even if your telephone number or e-mail is on a corporate, Provincial, or the National Do Not Call Registry. In addition, you are consenting, acknowledging and agreeing to J.Moneta, and the applicable Lenders Terms of Use and Privacy Policy.

By saving your information with J.Moneta or by completing a loan inquiry you give J.Moneta permission to retain all information you submitted for the prescribed Provincial Specific Record Retention period and to make live, manually dialed, automatic dialed or pre-recorded calls, emails, direct mailing or other communication to discuss, provide or remind you of any information in relationship to your submission, including incomplete loan inquiry, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan inquiry. For any service, you represent that all of the information you have provided in your submission and loan inquiry is true, accurate and complete to the best of your knowledge.

You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting J.Moneta Customer Service at (888) 858-1508 or by emailing info@jmoneta.com

When you “submit” information, create an account or otherwise register for services through J.Moneta and its Companies’ website or otherwise, you hereby understand and agree that you have established a business relationship between you and J.Moneta, , which is the owner of this site. Accordingly, J.Moneta, and/or its Companies may send your information to its affiliates, Lenders/Partners as provided in the Privacy Policy. In addition, you agree that J.Moneta may contact you using information you provided with information and offers of services available through J.Moneta and the Websites. You hereby provide express written consent to any such communication or phone calls even if your phone number is on any Do Not Call list, federal, Provincial or corporate. You also agree that calls may be placed live, by automatic dialing, and/or by pre-recorded message. Charges may apply to a mobile phone if that is the number you provided. Communications may also be by email, direct mail, and/or text message. In addition, you agree to notify J.Moneta Customer Care at (888) 858-1508 or by emailing info@jmoneta.com directly if you no longer want to receive other forms of communications from us.

       B. Traditional (Long-Form) Inquiry Service (Loan Inquiries with Social Insurance Number Provided)

J.Moneta seeks to provide you multiple conditional loan offers through its network of nonaffiliated Lenders, Brokers and/Partners to enable you to comparison shop for mortgage loan products. By submitting the long-form inquiry form (which means you provided your Social Insurance Number), you authorize J.Moneta to provide information provided by you or third parties either to Lenders on the J.Moneta network, along with any additional lenders, Brokers, Partners or investors necessary to complete your loan inquiry or to provide you with additional services. You also authorize J.Moneta, its Lenders, along with any additional Lenders, Brokers, Partners or investors necessary to complete your loan transaction, to request from one or multiple soft inquiries to the necessary credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate to the best of your knowledge. Not all lenders will perform this soft inquiry, nor will all lenders be passed the Social Insurance Number you have submitted on the inquiry form.

By clicking “submit” (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan inquiry is true, accurate and complete to the best of your knowledge. While J.Moneta and other partners may perform the same soft inquiry, it will not impact your score according to http://www.consumer.equifax.ca/home/en_ca.

If you complete multiple applications you will likely have several hard inquiries on your credit report/score. However, FICO reports that, for mortgage, student loans, credit cards or auto loans, it disregards multiple inquiries prior to the completion (or closing) of the loan and it consolidates these types of credit checks as a single inquiry. FICO considers all inquiries within a 45 day period for a mortgage loan as a single inquiry.

Lenders will require additional information prior to providing an actual offer. In these situations, the Lender(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). By submitting the long-form J.Moneta loan inquiry form, if that process results in you closing a loan you agree to provide information about that resulting loan to J.Moneta, including but not limited to the Closing Sheet, and you authorize J.Moneta Network Lender(s), to provide that information to J.Moneta on your behalf. Certain Provincial regulations require that J.Moneta know the disposition of the inquiry, resulting loan product offered, rate, APR, Loan Amount and other pertinent loan file information in order to adhere to Licensing Record Retention requirements. NOTE: You are providing express written consent for J.Moneta and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.

J.Moneta Network of Lenders. J.Moneta seeks to provide you multiple conditional loan offers through its network of nonaffiliated Lenders (Canadaian based banks, thrifts, mortgage brokers, mortgage bankers and finance companies). To view J.Moneta ’s network of Lenders.

To determine which Lenders may be matched with you, Lenders provide to J.Moneta criteria about the type of loan (for example, loan amount; whether purchase, refinance, or equity loan) and the type of loan customer (for example, Provincial of residence or self-identified credit score band) in which the Lender is interested. J.Moneta will provide your information to up to six (6) Lenders whose criteria match your profile. If fewer than six Lenders match your profile, you will receive conditional loan offers from fewer than six Lenders.

You authorize J.Moneta to simultaneously submit a loan inquiry to its network (Lenders, Broker or Finance Companies that have chosen not to select consumers based on the consumer providing their Social Insurance Number) if J.Moneta cannot match you with six Lenders who make you conditional loan offers. J.Moneta will attempt to match you with Lenders that can make conditional loan offers first then use its network using the process described in the section below entitled.

By submitting the shorter J.Moneta or loan inquiry form, you authorize J.Moneta to provide your information to up to six (6) Lenders. The Lenders in this program will be on J.Moneta ’s network (Products and services offered by J.Moneta ).

In the process, you may be given the option to provide your Social Insurance Number and have conditional offers posted back to your account. The Lenders you are matched with may later require a Social Insurance Number to proceed with your formal loan application. Not all lenders will perform a soft inquiry of credit without your Social Insurance Number, but J.Moneta and its Network of Lenders may perform a soft inquiry of your credit in relationship to your loan inquiry. J.Moneta does so to verify your identity and to adhere to the Anti-Money Laundering Requirements established by Federal regulations.

If you elect this option, you authorize J.Moneta to provide to Lenders information that you provided or that J.Moneta has (except J.Moneta will not transmit any soft inquiry credit information it obtained in either the long or short form inquiry and instead J.Moneta only transmits the self-identified information you enter into the inquiry form to the Lenders) or that J.Moneta may receive, to up to six (6) Lenders, along with any additional lenders, Brokers, Partners or investors necessary to complete your loan inquiry and to obtain J.Moneta online loan marketplace matching Services, on the J.Moneta or network. You also authorize ®, J.Moneta’s network along with any additional lenders, Brokers, Partners or investors necessary to complete your loan inquiry, to request from one or multiple credit bureaus /reporting agencies via a soft inquiry, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. Not all lenders participate in the soft inquiry of credit, nor will all lenders be passed the Social Insurance Number you have submitted on the inquiry form.
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By clicking “submit” (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan inquiry is true, accurate and complete to the best of your knowledge. While J.Moneta only performs a “soft inquiry” and other partners may perform the same soft inquiry, it will not impact your score according to http://www.consumer.equifax.ca/home/en_ca

If you complete multiple applications you will likely have several hard inquiries on your credit report/score. However, FICO reports that, for mortgage, student loans, credit cards or auto loans, it disregards multiple inquiries prior to the completion (or closing) of the loan and it consolidates these types of credit checks as a single inquiry. FICO considers all inquiries within a 45 day period for a mortgage, auto or student loan as a single inquiry.

Lenders will require additional information prior to providing an actual offer. In these situations, the Lender(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). By submitting the short form J.Moneta loan inquiry form, if that process results in you closing a loan you agree to provide information about that resulting loan to J.Moneta, including but not limited to the Closing Sheet, and you authorize J.Moneta Network Lender(s), to provide that information to J.Moneta on your behalf. Certain Provincial regulations require that J.Moneta know the disposition of the inquiry, resulting loan product offered, rate, APR, Loan Amount and other pertinent loan file information in order to adhere to Licensing Record Retention requirements. NOTE: You are providing express written consent for J.Moneta and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.

4. NON-MORTGAGE LOAN REQUEST SERVICES
 
J.Moneta offers non-mortgage (including automobile loan, boat, RV, watercraft, commercial loan, credit card, personal loans and student loan) loan request services, explained in more detail below. NOTE: Pursuant to the contracts between J.Moneta and the Lenders on its Network, J.Moneta may also receive information from your Lender regarding the status of your application including, but not limited to, the amount or disposition of your loan. Information specific to your Lender’s use of your information will be found in your Lender’s specific Privacy Policy.  NOTE: You are providing express written consent for J.Moneta and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.
 
        A. Terms Applicable to All Non-Mortgage Loan Request Services

J.Moneta is not a lender or a creditor.  J.Moneta does not make loans or credit decisions in connection with loans. J.Moneta does not endorse or recommend the products of any particular Lender. J.Moneta is not an agent of either you or any Lender. J.Moneta ‘s services are only administrative. You should rely on your own judgment in deciding which available loan product, terms or Lender best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that J.Moneta shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that Lenders may keep your loan request information and any other information provided by J.Moneta or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them.
 
The Websites and the services provided by J.Moneta are available in connection with non-mortgage loans unless otherwise specified. Loans may only be made to residents of Provincials where Lenders are licensed or authorized to make such loans. Lenders are not attempting to make loans outside of their authorized Provincials or country by participating in and offering their products on the Websites. J.Moneta and Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific Provincial through the Websites at any time, without prior notice.
 
The data and other information you may provide J.Moneta is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. J.Moneta does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, J.Moneta does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender’s conditional loan offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to loan to value and debt to income ratios. Unless expressly Provinciald in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all Provincials. You might not be matched with the Lender making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, J.Moneta and/or its Lenders may obtain, verify and record information that identifies each person who opens an account with them. They may ask for your name, Social Insurance Number, address, telephone number, date of birth and other important information that will allow them to properly identify you. During the Lenders’ formal application process, they may also ask to see your driver’s license or other identifying documentation to further assist in certifying your identity.

J.Moneta is paid a marketing lead generation fee by Lenders for the goods, facilities and services provided. Your use of the Websites and/or J.Moneta ‘s services constitutes your agreement with this compensation arrangement. At closing, you will be responsible for paying for any closing costs associated with your loan (such as loan processing, underwriting or funding fees). J.Moneta does not charge you a fee for its service in matching you with Lenders.
 
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging and agreeing to the Provinciald terms and conditions of that submission and that you are submitting an inquiry as to a lending product through J.Moneta to each of the Lenders to whom your loan request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications from J.Moneta, and its Network Lenders. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that we may access your credit file even if your Social Insurance Number is not provided and that you have received and reviewed and, where applicable, signed the necessary required disclosures. Not all lenders will receive and/or utilize your SSN to access your credit report and/or credit score.  J.Moneta does not perform hard inquiries into credit, rather it does a soft inquiry to adhere to Anti-Money Laundering requirements and to assist in identification and verification of consumers as well as to prevent fraud.  The information J.Moneta receives from your credit report and/or credit score is not shared with Lenders, but is used by internal personnel on a “need to know” basis.  From time-to-time J.Moneta is examined by Provincial and Federal Regulators and as such is required to maintain your Personally Identifiable Information to adhere to those requirements.  Your information may also be obtained from Lenders after you are matched to adhere to Provincial and federal reporting and record retention requirements.  You authorize J.Moneta and its participating Lenders to share such information as required.
 
By submitting the loan request containing your electronic signature, you are extending an express invitation to each Lender you have been matched with to contact you by telephone at the numbers (whether landline or cellular) you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, Provincial or federal law or regulation. In addition, you consent, acknowledge and agree that J.Moneta, a lender with whom you have been matched or an associated third party may use an automatic dialing system in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By saving your information with J.Moneta or by doing a submission, you give J.Moneta permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete loan requests, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan request. For any service, you represent that all of the information you have provided in your submission and loan request is true and complete. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting J.Moneta Customer Service at (888) 858-1508 or by emailing info@jmoneta.com
 
When you “submit” information, create an account or otherwise register for services through J.Moneta, and its Companies’ website or otherwise, you understand and agree that you have established a business relationship between you and J.Moneta, , which is the owner of this site. Accordingly, J.Moneta, and/or its Companies may send your information to its affiliates as provided in the Privacy Policy . and you agree that J.Moneta and/or its Companies may contact you using information you provided with information and offers of services available through J.Moneta and the Websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.  If at any time you do not wish to continue to receive communications from J.Moneta, or its Companies’ or its affiliates’ communications. In addition, you agree to notify J.Moneta Customer Care at (888) 858-1508 or by emailing info@jmoneta.com directly if you no longer want to receive other forms of communications from us.
 
       B. J.Moneta and Non-Mortgage Loan Request Services

The J.Moneta services provide for multiple loan conditional offers through their networks of nonaffiliated Lenders. By submitting the loan request form, you authorize J.Moneta to provide information provided by you or that J.Moneta including agents has or may receive from others, to Lenders on their networks, along with any additional Lenders or investors necessary to complete your loan transaction. You also authorize J.Moneta including and its Lenders along with any additional Lenders or investors necessary to complete your loan transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. By clicking “submit” (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan request is true, accurate and complete. At the present time, the company that provides “FICO” credit scores reports that, for mortgage or or loans, it disregards those inquiries made in the 30 days prior to the lender receiving the credit score and that beyond the 30 days, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. Some Lenders will require addition information prior to providing an offer. In these situations, the Lender(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). In the process you may be given the option to provide your Social Insurance Number and/or have your credit pulled in order to improve your Lender matches. The Lenders you are matched with may later require a Social Insurance Number to proceed with your loan request.
 
To determine which Lenders may be matched with you, Lenders provide us criteria about the type of loan (for example, loan amount or credit terms) and the type of loan customer (for example, Provincial of residence or creditworthiness) in which the Lender is interested. J.Moneta will provide your information to up to five Lenders whose criteria match your profile. If fewer than five Lenders match your profile, you will receive conditional loan offers from fewer than five Lenders.
 
NOTE – If you use the program, you will not be eligible for any incentives related to filling out the long-form J.Moneta loan request or closing your loan. You are only eligible for such incentives by going through an affinity partner, filling out the long-form loan request and meeting all other requirements for the incentive.
 
5. REQUEST FOR OTHER PRODUCTS AND SERVICES (INCLUDING FINDER/LOCATOR SERVICES)
 
J.Moneta offers requests for other products and services on the Websites. You may be able to access these products and services when you complete a request and either (i) get matched with potential third party providers (“Provider” includes any third-party affiliate or finder of a Provider) who will respond with conditional offers for products or services or (ii) get provided with the name and information about potential Providers who may able to respond with the requested products or services or information about the requested products or services without any offers. The Providers that can provide you with conditional offers may not respond with offers until they speak with you to get additional information.  NOTE: You are providing express written consent for J.Moneta and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.

      A. Terms Applicable to My.J.Moneta .com’s Credit Score Services

By registering with My.J.Moneta, you understand and consent to J.Moneta receiving and accessing information about from third parties.  Registering with My.J.Moneta will serve as written instructions under FICO Act.  This information could include, but might not be limited to, your credit report, credit score, and other credit information.  You agree that we may use and analyze your information as follows: (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and (c) serve you targeted ads and other communication based on your information. Your credit score or credit report will never be given to a third party by J.Moneta .
 
  B. Terms Applicable to All Requests for other Products and Services
 
J.Moneta is not a provider of products or services and does not make any decisions in connection with the products or services offered by Providers. J.Moneta does not endorse or recommend the products or services of any particular Provider on any of its Websites. J.Moneta is not an agent of either you or any Provider. J.Moneta ‘s services are only administrative. You should rely on your own judgment in deciding which available product or service and Provider best suits your needs and financial means. The Provider is solely responsible for its services to you, and you agree that J.Moneta shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products or services. You understand that Providers may keep your request information and any other information provided by J.Moneta or received by them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire a product or service with them. You agree to notify any particular Provider directly if you no longer want to receive communications from them.

Products and services may only be made to residents of Provincials where Providers are licensed or authorized to make such products or services available. J.Moneta and Providers expressly reserve the right to discontinue, suspend or terminate the offering of any product or service in any specific Provincial through the Websites at any time, without prior notice.
 
The data and other information you may provide J.Moneta is not, and is not treated as, an application for that product or service. J.Moneta does not guarantee acceptance into any particular program or specific term or condition with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, J.Moneta does not guarantee that the terms or rates for the products or services offered and made available by Providers are the best terms or lowest rates available in the market. A Provider’s products or services may be subject to market conditions, approval and qualification. The terms and rates actually provided by Providers may be higher or lower depending on your individual financial profile, your location and other considerations. Unless expressly Provinciald in writing, nothing contained herein shall constitute an offer or promise for a product or service. Providers may not offer all products or services as well as not offer products or services in all Provincials. You may not be matched with the Provider making any specific offer.
 
J.Moneta is paid a marketing lead generation fee by either the Provider or a third party “finder” (if the finder markets for or to the Provider) for the goods, facilities and services J.Moneta provided. Your use of the Websites and/or J.Moneta ‘s services constitutes your agreement with this compensation arrangement. You will be responsible for paying for any cost associated with the product or service. J.Moneta does not charge you a fee for its services.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging and agreeing to the Provinciald terms and conditions of that submission and that you are submitting an inquiry as to a lending product through J.Moneta to each of the Lenders to whom your loan request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications From J.Moneta, its Network Lenders. In addition, if you proceed with a Loan Application with any J.Moneta Network Lenders, can provide you with the Disclosures and Communications in Electronic form. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that we may access your credit file even if your Social Insurance Number is not provided and that you have received and reviewed and, where applicable, signed the necessary required disclosures. By submitting the request containing your electronic signature, you are extending an express invitation to each Provider to contact you by telephone at the numbers (whether landline or cellular) you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number(s) are on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Providers or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, Provincial or federal law or regulation. In addition, you consent, acknowledge and agree that J.Moneta, a lender with whom you have been matched or an associated third party may use an automatic dialing system in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By saving your information with J.Moneta or by doing a submission, you give J.Moneta permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete requests, the delivery of request matches, deadlines, quality of services or other matters in connection with your request. For any product or service, you represent that all of the information you have provided in your submission and request is true and complete. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting J.Moneta Customer Service at (888) 858-1508 or by emailing info@jmoneta.com
 
By submitting the request form, you authorize J.Moneta to provide information that you provided or that J.Moneta has or may receive from others to Providers or their finders, along with any additional providers necessary to complete your transaction. By submitting any eligibility form, you authorize J.Moneta to provide your information to up to five Providers or finders to discuss, review or provide product or services information and opportunities. You also authorize J.Moneta and its Providers and finders along with any additional providers necessary to complete your transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings.
 

7. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
 
All contents of the Websites are: Copyright ©
 
Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Websites, without the prior written permission of the J.Moneta or the applicable Mark holder specific for each such use. The Marks may not be used to disparage J.Moneta, the Lenders, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by J.Moneta in writing.
 
The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the Canadian Provincials copyright laws. J.Moneta owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of J.Moneta and the copyright owner. Elements of the Websites are protected by trade dress, trademark, unfair competition, and other Provincial and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
 
8. DISCLAIMERS AND LIABILITY
 
J.Moneta intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein and are provided “as-is” without warranty of any kind, implied, expressed or otherwise. Under no circumstances will J.Moneta be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.
 
THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. J.Moneta AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS COMPANIES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR J.Moneta ‘S SERVICES IS AT YOUR OWN RISK. J.Moneta AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS COMPANIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR J.Moneta ‘S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO J.Moneta RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF J.Moneta AND/OR ITS SUPPLIERS, PROVIDERS OR REAL EProvincial COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
 
9. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
 
J.Moneta, Lenders, Providers companies may choose to electronically deliver all information related to its services and your requests. J.Moneta, Lenders, Providers and real eProvincial companies’ electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, Provincial disclosures, other terms, conditions and documents, and the privacy policies of J.Moneta, Lenders, Providers and real eProvincial companies.
You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with J.Moneta, Lenders, Providers companies. This means that J.Moneta, Lenders, Providers and real eProvincial companies may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Lenders, Providers and real eProvincial companies or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
 
Technical Requirements

To access and retain information and notices we send or make available to you electronically, you will need:
• Internet access with 128-bit encryption
• Adobe Acrobat Reader 6 or higher
• Ability to Print Internet Explorer 6 or higher
• Netscape 8.04 and above (Use in IE mode)
• Email Access or Firefox version 1.5
 
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting J.Moneta Customer Service at (888) 858-1508 or by emailing info@jmoneta.com
 
10. PRIVACY POLICY
 
The J.Moneta Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites or received directly from you.
 
11. INDEMNITY
 
As a condition of use of the Websites and/or J.Moneta ‘s services, you agree to indemnify J.Moneta and its suppliers, Lenders, Providers or real eProvincial companies from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
 
12. LIMITATION ON DAMAGES
 
In no event will J.Moneta have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
 
13. LINKS TO THIRD PARTY WEBSITES
 
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. J.Moneta does not operate or control in any respect any information, software, products or services available on such websites. J.Moneta ‘s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites please note that J.Moneta is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.
 
14. ERRORS AND DELAYS
 
J.Moneta is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.
 
15. DISPUTE RESOLUTION
 
Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by J.Moneta, or to any acts or omissions for which you may contend J.Moneta is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the International Center for Dispute Resolution (ICDR) dated Januray 2015. The arbitration shall be venued in consumer location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to theICDR rules. Should noICDR rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should theICDR decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND J.Moneta WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using J.Moneta ‘s goods, facilities and services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and J.Moneta, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the Provincial and federal courts sitting in Mecklenburg County, North Carolina. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
 
16. OTHER TERMS
 
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites and any operating rules for the Websites established by J.Moneta ) constitutes the entire agreement between you and J.Moneta and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and J.Moneta with respect to the Websites and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the Provincial laws, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
 
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.